OFFICE OF THE ASSISTANT SECRETARY

FAQ

Specifically, some postsecondary institutions were using electronic book readers
that are inaccessible to students who are blind or have low vision. As explained
by the DCL, application of our long-standing nondiscrimination requirements
means that schools must provide an electronic book reader (i.e., the
technology that the school uses to provide educational benefits, services,
or opportunities) that is fully accessible to students who are blind or have
low vision; otherwise schools must provide accommodations or modifications
to ensure that the benefits of their educational program are provided to these
students in an equally effective and equally integrated manner.

For the purposes of assessing whether accommodations or modifications in the
context of emerging technology, and, more specifically, electronic book readers,
meet the compliance requirements, the DCL provides a functional definition
of accessibility for students who are blind or have low vision. Under this
definition, these students must be afforded the opportunity to acquire the
same information, engage in the same interactions, and enjoy the same services
as sighted students. In addition, although this might not result in identical
ease of use compared to that of students without disabilities, it still must
ensure equal access to the educational benefits and opportunities afforded
by the technology and equal treatment in the use of such technology. The DCL
uses the term “substantially equivalent ease of use” to describe this concept.
For more information and for examples that meet this standard, see Questions
11, 12, and 14.

Does the DCL apply in the context of students with other disabilities
that affect the ability to use printed materials?

A: Yes. Other disabilities, such as specific learning disabilities,
may make it difficult for students to get information from printed sources
(often called “print disabilities”). In its provision of benefits, services,
and opportunities, a school must ensure that these students are not discriminated
against as a result of inaccessible technology.

Example: A student has a learning disability in reading but does
not have impaired vision. The student is currently receiving audiobooks on
cassette tape for her history class because she cannot readily process printed
information. The school is replacing the history textbooks with electronic
book readers as the principal means of conveying curriculum content, including
all homework assignments. In this example, the electronic book readers
provide greater functionality than audiobooks provide, with the result that
an audiobook would not afford the benefits of the educational program in an
equally effective and equally integrated manner. For this reason the school
may not continue to
rely on audiobooks to provide equal access to the curriculum. For more information
on the differences between traditional alternative media, such as audiobooks,
and emerging technology, such as electronic book readers, see Question
12.